BM&S Attorney Lisa Black Obtains Full Dismissal of Plaintiff’s Claims on Summary Judgement On Behalf of Contractor Client in NY Labor Law Construction Accident
In a recent case win for Black Marjieh & Sanford LLP, a motion for summary judgment dismissal of the plaintiff’s claims was granted in its entirety. The case involved a construction accident in which Plaintiff fell while trying to climb onto a partially dismantled staircase. Plaintiff alleged claims under NY Labor Law § 240(1), § 241(6) and § 200.
The Plaintiff was an underpinning/foundation inspector who attempted to climb onto a partially demolished staircase allegedly in order to get to a bathroom on the first floor. His job entailed inspection of underpinning in the basement area. The staircase was partially demolished to allow access to underpin the basement wall. Plaintiff first climbed on a closed A-frame ladder that was leaned against the wall to reach the partially demolished staircase. When Plaintiff stepped onto the partial staircase from the ladder, the staircase tread collapsed causing him to fall to the basement floor.
BM&S attorneys successfully argued that Plaintiff was not engaged in a protected activity at the time of his accident, that his work did not involve an elevation-related risk, and that he was the sole proximate cause of his accident.
On behalf of their contractor client, BM&S successfully obtained summary judgment on all of Plaintiff’s claims pursuant to Labor Law § 240(1), § 241(6), and § 200 dismissing them in their entirety and on their third-party claims for contractual indemnification and breach of contract against the Third-Party Defendant subcontractor-employer.